Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
Comparison tables scroll horizontally on smaller screens.
Updated August 3, 2026. Quick answer: Indiana calls this instrument living will declaration, life-prolonging procedures declaration, health care representative appointment. To execute a living will declaration you need either 2 competent witnesses at least 18 or a notary public. Getting the execution formalities wrong is the most common way a directive fails when it is needed.
Source note. The statute text below is from the Indiana Code on the Indiana General Assembly site.
The execution box
| What the state calls it | living will declaration, life-prolonging procedures declaration, health care representative appointment |
|---|---|
| Witnesses required | 2, unless a notary public is used |
| Witnesses or notary? | Witnesses or notary: two competent witnesses at least 18, or a notary public |
| Who may NOT witness | A witness may not be the person who signed the declaration on behalf of and at the direction of the declarant, a parent, spouse, or child of the declarant, entitled to any part of the declarant’s estate, or directly financially responsible for the declarant’s medical care. A person is not considered entitled to any part of the estate solely by being nominated as personal representative or as the attorney for the estate in the declarant’s will. Witnesses must be competent and at least eighteen years of age. |
| If you are in a care facility | No special rule found in the text we read |
| Authority | Ind. Code § 16-36-4-8(b)(5) and (c); form at § 16-36-4-10 |
What the statute says
I am not a parent, spouse, or child of the declarant. I am not entitled to any part of the declarant’s estate or directly financially responsible for the declarant’s medical care.
— Ind. Code § 16-36-4-8(b)(5) and (c); form at § 16-36-4-10
The form
The statute itself sets out the living will declaration form, free on the Indiana General Assembly site (IC 16-36-4-10). Use it or any declaration substantially in that form.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
We read Indiana Code Title 16, Article 36, Chapter 4 on the Indiana General Assembly site. Section 16-36-4-8 sets the execution and witness rules, and section 16-36-4-10 sets out the statutory living will declaration form.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.